Definitions

1  In this Act:

"college" means the College of Physicians and Surgeons of British Columbia;

"council" means the council of the college and, in sections 54 to 57, includes a committee appointed by the council for the purposes of investigating a complaint;

"inquiry committee" means an inquiry committee appointed under section 53 (3);

"inspector" means an inspector appointed under section 54;

"member" means a member as defined in section 4 and, for the purposes of sections 21, 28 and 53 to 61, includes a former member;

"pharmacist" has the same meaning as in section 25.8 of the Health Professions Act;

"pharmacy" has the same meaning as in section 1 of the Pharmacy Operations and Drug Scheduling Act;

"profession" means the practice of medicine or osteopathic medicine;

"register" means The British Columbia Medical Register kept under section 32, the temporary register kept under section 38 or the special register kept under section 39;

"registered" means registered under this Act;

"registrar" means the registrar appointed under section 20;

"sexual misconduct review committee" means the sexual misconduct review committee appointed under section 28;

"special deputy registrar" means the special deputy registrar appointed under section 21 and includes a deputy registrar on whom the powers or duties of the special deputy registrar are conferred under section 20.

 College continued

2  (1)  The College of Physicians and Surgeons of British Columbia and its registered members are continued as a corporation under that name.

(2)  The college must have a common seal and may acquire and dispose of property.

 Duties and objects of the college

3  (1)  It is the duty of the college at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2)  The college has the following objects:

(a) to superintend the practice of the profession;

(b) to govern members according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of members;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst members;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst members;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst members;

(h) to require members to provide to an individual access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred under this Act.

 Members of college

4  The members of the college are those persons who are registered as members under this Act.

 Council powers

5  (1)  The council of the college must govern, control and administer the affairs of the college, and without limiting those powers, may make rules as follows:

(a) for the carrying out of the provisions of this Act, for the administration of the affairs of the college and the maintenance of its standards and honour and for the proper professional conduct of those engaged in the practice of medicine in British Columbia;

(b) establishing fees payable by applicants for registration, and, if considered advisable, designating different classes of applicants and establishing different fees for them;

(c) determining the relationship between the college and the Medical Council of Canada, and incorporating in the rules any provision of the Canada Medical Act that is not contrary to this Act;

(d) determining the professional qualifications and experience, including preregistration hospital training, and evidence of professional conduct and of good citizenship, required of a candidate for registration;

(e) providing for the holding and conduct of meetings of the college or council;

(f) establishing the records and accounts to be kept by members of the college in their practice of medicine;

(g) establishing the procedure and rules of evidence to be observed in proceedings on an inquiry or hearing under section 51, 53, 60, 63 or 64;

(h) respecting nomination of candidates for election to the council, the manner of taking votes at those elections and the conduct of elections;

(i) setting the time and place for regular council meetings, determining who may call meetings, providing for emergency meetings and regulating the notice required for meetings;

(j) providing the basis for recognizing members of the college in British Columbia as specialists in a field of medicine or surgery and for the manner of holding out specialist qualifications to the public;

(k) respecting the procedures for the conduct of an investigation under section 21;

(l) setting the maximum amount under section 60 (3) (d);

(m) establishing the obligations that a member of the college who is under suspension from practice must discharge

(i)  in referring patients to another member of the college,

(ii)  in allowing another member of the college to use the suspended member's medical premises,

(iii)  to refrain from deriving an income from the member's medical practice, or from the use by another member of the suspended member's medical premises, for the period of the suspension,

(iv)  to give proper notice of the suspension to patients, or persons that might wish to become patients, or

(v)  to cease during the suspension to be held out as a member of the college;

(n) respecting the investigation or evaluation of members of the college under section 51, 53, 63 or 64, and requiring and providing for the audit, inspection, copying, removal or preservation of records kept by members with respect to their medical practices.

(1.1)  [Repealed 2001-32-14.]

(2)  A rule under subsection (1) (d) is invalid if it is contrary to a provision of this Act relating to registration.

(3)  The council must submit an annual report respecting the college, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the college.

(4)  A rule under subsection (1) has no effect until it is approved by the Lieutenant Governor in Council.

 Members of council

6  (1)  Subject to section 16 and any change made under section 7, the council consists of

(a) 10 elected persons, and

(b) 5 persons appointed by the minister.

(2)  If the total number of members of the council is greater than 15, the minister may appoint further persons as members of the council, in addition to those appointed under subsection (1) (b), in order that 1/3, or the nearest whole number over 1/3 if the total number is not divisible by 3 without leaving a remainder, of the council's members are appointees of the minister.

(3)  The Lieutenant Governor in Council may, in respect of an appointment made under subsection (1) (b),

(a) terminate the appointment or remove or suspend the appointee,

(b) set the term of office for the appointment, and

(c) reappoint a person who was appointed.

(4)  Subject to section 16 and any change made under section 7, the members of the council referred to in subsection (1) (a) must be elected from medical electoral districts listed in section 8 in accordance with sections 9 and 10.

 Change in boundaries of electoral districts or numbers of council members

7  If written notice of a resolution to change

(a) the number of elected members constituting the council,

(b) the number and boundaries of medical electoral districts, or

(c) the number of elected members of the council from each medical electoral district,

signed by 25 or more members of the college, is given to the registrar at least 6 months before the date of a meeting at which the vote on the resolution is to take place, the resolution passes on the affirmative vote of 2/3 or more of the members of the college present at the meeting.

 Medical electoral districts

8  British Columbia is divided into 7 medical electoral districts with the described number of members, as follows:

District No. 1: those portions of the Counties of Victoria and Nanaimo lying South of a true East and West line through the most southerly point on the boundary of the City of Duncan (2 elected members);

District No. 2: those portions of the Counties of Victoria and Nanaimo not included in District No. 1 (one elected member);

District No. 3: that part of the County of Vancouver not included in District No. 7 (3 elected members);

District No. 4: the County of New Westminster (one elected member);

District No. 5: the City of Revelstoke and those portions of the Counties of Yale and Cariboo not included in District No. 7 (one elected member);

District No. 6: the County of Kootenay, except that portion in District No.7 (one elected member);

District No. 7: comprises that part of British Columbia lying to the North of the 51st parallel of latitude (one elected member).

 Election of council

9  (1)  An election for council members must be held on the first or second Monday in April in every odd numbered year to fill the vacancies then occurring.

(2)  The members elected hold office for a term of 4 years beginning July 1 following the election.

(3)  In the event of a tie vote in an electoral district, the registrar may resolve the tie by a casting vote.

(4)  Promptly after an election the registrar must certify in writing the person or persons who have been elected.

(5)  Subject to section 17, a certificate under subsection (4) of this section is conclusive evidence of the persons who have been elected.

 Eligibility for election

10  Only a member of the college in good standing who resides in the medical electoral district for which a vacancy on the council exists may stand for election to the council.

 Voting

11  (1)  Only a member of the college in good standing may vote.

(2)  A member in good standing may vote for as many candidates for council membership as there are vacancies to be filled from the electoral district in which the member resides.

(3)  A member may vote only for a person who has been nominated as a candidate to represent the electoral district in which the voting member resides.

 Eligibility of candidates

12  If nominated, a member of the college in good standing is eligible for election as a council member representing the electoral district in which the member resides.

 Retiring council members eligible for reelection

13  Retiring council members are eligible for reelection if otherwise qualified.

 Address of member

14  The address of a member of the college as entered in the register is the member's residence for the purposes of this Act.

 Members ceasing to hold office

15  An elected council member ceases to hold office if the member

(a) resigns by written notice delivered to the registrar,

(b) ceases to be a member in good standing of the college,

(c) is absent from 3 consecutive council meetings unless excused by the council, or

(d) ceases to reside in the medical electoral district for which the member was elected.

 Vacancies on council

16  (1)  If an elected council member ceases to hold office before the end of the member's term, the remaining council members may appoint a member of the college in good standing who resides in the medical electoral district for which the vacancy exists to be a council member in place of the previous member.

(2)  A member appointed under subsection (1) holds office during the unexpired portion of the vacated term.

(3)  Despite a vacancy, the remaining council members may exercise all the powers of the council under this Act.

 Disputing legality of election

17  (1)  If a member of the college questions a certificate made under section 9 concerning the election of any person, the member may, within 30 days after the date of the certificate, petition the Supreme Court setting out the grounds on which the member questions the certificate.

(2)  The petitioner must serve the petition on the registrar and on the person certified to be elected for the medical electoral district for which the certificate is questioned.

(3)  The petition must be heard in a summary way and the court may give directions on procedure and direct that other persons be served with the petition.

(4)  The court may

(a) decide that the person was entitled to be elected, and in which case the college is governed by that decision, or

(b) order a new election held in the electoral district and give any necessary directions for it.

(5)  The costs of a petition are in the discretion of the court.

(6)  Promptly after an election under subsection (4) the registrar must certify in writing the person elected at that election, and section 9 (5) applies.

(7)  The term of office of a person elected under subsection (6) expires on the same date as if the person had been elected at the questioned election.

 Resolutions signed by council

18  A resolution signed by at least 75% of the council members has the same effect as a resolution passed at a regularly convened council meeting.

 Notice of council meetings

19  If a council member attends a council meeting, the fact that the member did not receive notice of it does not invalidate the meeting.

 Officers

20  (1)  At its first meeting after the second Monday in April in each year, or as soon after that as is convenient, the council must elect from among its members a president, a vice president and a treasurer.

(2)  From among the members of the college the council must appoint a member of the college as the registrar, who is to hold office during the council's pleasure.

(3)  The council may appoint deputy registrars, who have all the powers and duties of the registrar under this Act unless the council otherwise directs.

(4)  Officers elected under this section hold office during the council's pleasure.

(5)  The council may set the salaries or fees to be paid to persons elected or appointed under this section.

 Special deputy registrar

21  (1)  The council must designate a person appointed under section 20 (3) as the special deputy registrar.

(2)  The special deputy registrar must

(a) receive and investigate complaints of sexual misconduct made to the college,

(b) on completion of an investigation of a complaint of sexual misconduct, review the findings of the investigation and recommend the action the sexual misconduct review committee should take under section 28 (2) (d), and

(c) perform other duties as directed by the sexual misconduct review committee or the registrar.

(3)  With the prior approval of the sexual misconduct review committee, the special deputy registrar may authorize an inspector to complete an investigation under this section under the supervision of the special deputy registrar.

(4)  The special deputy registrar may attempt to resolve a complaint of sexual misconduct informally if the complainant consents and

(a) the circumstances warrant informal resolution of the complaint in the opinion of the special deputy registrar, or

(b) a direction has been made under section 28 (2) (d) (iii) to make the attempt.

 Duties and powers of officers

22  The officers elected or appointed by the council, in addition to the duties or powers imposed or given by the Act, must perform the duties and have the powers delegated to them by the council.

 Chairing meetings of council

23  (1)  If present, the president presides at all council meetings.

(2)  In the absence of the president the vice president presides.

(3)  If both the president and vice president are absent, a chair must be elected from the council members.

 Quorum

24  (1)  A majority of the council members forms a quorum.

(2)  All acts of the council must be decided by a majority of the members present.

 No casting vote

25  (1)  The chair of a meeting has a right to vote but does not have a casting vote.

(2)  In case of a tie vote the motion must be declared lost.

 Appointment of committees

26  (1)  The council may appoint committees or boards and delegate powers to them as it sees fit.

(2)  The president is a member of all committees.

 Executive committee

27  (1)  At its first meeting after the second Monday in April in each year, or as soon after that as is convenient, the council must appoint from its members an executive committee of 6 members.

(2)  Two members of the executive committee must be persons appointed under section 6 (1) (b).

(3)  So long as they are council members, executive committee members hold office until their successors are appointed.

(4)  The executive committee must attend to and act on all matters delegated to it by the council, or that may require attention between adjournment of the council and its next meeting.

(5)  In acting under subsection (4), the executive committee may exercise the council's powers unless the council otherwise resolves.

(6)  If within the scope of its authority, acts of the executive committee are effective as the acts of the council, until amended or repealed by the council.

(7)  The executive committee does not have power to alter, repeal or suspend a rule of the council.

 Sexual misconduct review committee

28  (1)  The council must appoint a sexual misconduct review committee composed of at least 3 persons, at least 1/3 of whom must be persons appointed under section 6(1) (b).

(2)  The sexual misconduct review committee must

(a) establish and maintain the procedures by which the college deals with complaints of sexual misconduct that it receives,

(b) establish the patient relations program referred to in section 3 (2) (f),

(c) develop and coordinate, for the college, educational programs on sexual misconduct for members and the public,

(d) consider the recommendations made under section 21 by the special deputy registrar at the conclusion of an investigation and, as circumstances require, must

(i)  direct the special deputy registrar to have a further investigation conducted, under section 21, into the complaint,

(ii)  refer the complaint to the council, executive committee or a committee appointed under section 26 to be dealt with by that council or committee,

(iii)  direct the special deputy registrar to attempt to resolve the complaint informally,

(iv)  appoint an investigating committee to act under section 51,

(v)  appoint an inquiry committee to act under sections 53 and 60, or

(vi)  take no further action in the matter at that time, and

(e) monitor and periodically evaluate the operation of the procedures established under paragraph (a).

(3)  If a person who made a complaint that resulted in the sexual misconduct review committee making a direction under subsection (2) (d) (iii), or deciding under subsection (2) (d) (vi) to take no further action, requests in writing to the special deputy registrar that the sexual misconduct review committee proceed a second time under subsection (2) (d) concerning the complaint, the sexual misconduct review committee must proceed a second time under subsection (2) (d).

(4)  If the sexual misconduct review committee in the second proceeding comes to a different conclusion on what must be done under subsection (2) (d), the new direction or appointment under subsection (2) (d), or decision under subsection (2) (d) (vi) to take no further action at that time, prevails.

(5)  Subsections (3) and (4) do not apply if the person who was the complainant makes a further request under subsection (3) after the second proceeding referred to in that subsection is concluded.

(6)  If a member of the sexual misconduct review committee has received, under subsection (2), recommendations made under section 21 concerning a complaint, the member must not participate in any proceeding under section 51 or 53 that may arise from that complaint.

 Proceedings of executive committee

29  (1)  If present, the president presides at all meetings of the executive committee.

(2)  The executive committee must

(a) keep minutes of its proceedings,

(b) preserve the record of evidence taken on inquiries and any reports relating to inquiries, and

(c) submit the minutes, records and reports for the council's consideration at the next council meeting.

(3)  The executive committee must meet to deal with business at the call of the president or the registrar.

(4)  Subject to this Act and rules made by the council, the executive committee may regulate the summoning, notice, place, management and adjournment of its meetings, the appointment of a chair, the mode of deciding questions and generally the transaction and management of business.

(5)  Three members of the executive committee form a quorum.

(6)  If there is a quorum, the executive committee may act despite a vacancy in its membership.

(7)  The executive committee may appoint a member of the council to fill a vacancy until the next council meeting.

(8)  The council may at any time remove a committee member or appoint a new or additional member.

(9)  The council may exercise the executive committee's powers under this Act.

(10)  A resolution signed by at least 75% of the members of the executive committee has the same effect as a resolution passed at a regularly convened meeting of the executive committee.

 Fees and expenses

30  Members of the council and of a committee or board appointed by the council must be paid reasonable fees for attendance and necessary expenses as may be decided by the council.

 Meetings of college

31  (1)  An annual general meeting of the college must be held in each calendar year, and not more than 18 months after the preceding annual general meeting, at a time and place the council designates, unless for special cause the council directs that the annual general meeting in any year is not to be held.

(2)  At an annual general meeting of the college,

(a) the president must report on the affairs of the college,

(b) the auditor's report made up to the end of the preceding fiscal year must be filed, and

(c) auditors must be appointed to hold office until their successors are appointed.

(3)  The council may convene a special general meeting of the college at any time.

(4)  The council must convene a special general meeting of the college on the written request of 100 members of the college that

(a) is delivered to the registrar, and

(b) states the nature of the business that is proposed to be considered at the meeting.

(5)  A special general meeting convened under subsection (4) must be held within 60 days of the receipt of the request.

(6)  With respect to all general and special general meetings of the college,

(a) the council must send written notice of the meeting to each member in good standing of the college not less than 15 days before the meeting, addressed to the residence of the member as shown in the register,

(b) a quorum is 50 members in good standing,

(c) the president presides, but in the president's absence the vice president presides and if both are absent a chair must be elected by the meeting, and

(d) each member in good standing of the college present at the meeting has one vote.

(7)  The notice of a special general meeting must state the business that will be considered at the meeting and the meeting must not consider any other business.

(8)  The accidental omission to give notice of a meeting to any member, or the non-receipt of the notice, does not invalidate anything done at the meeting.

 Register of members

32  (1)  The council must cause the registrar to keep The British Columbia Medical Register, in which must be entered, on application or on direction of the council, the name, address and qualifications of every person entitled to be registered in it as a member of the college, and other particulars as the council directs.

(2)  A member of the college who changes address must promptly inform the registrar who must enter the change in the register.

 Effect of registration

33  Unless the registration is erased or the person is suspended from practice, a person whose name is entered in the register is registered under this Act as a member of the college.

 Qualifications for registration

34  (1)  A person is entitled to be registered under this Act if the person does all of the following:

(a) produces a diploma of qualification issued to the person by a college or school of medicine that at the time the person graduated from it was approved by the council;

(b) produces satisfactory evidence of identification, experience, good professional conduct and good character as a citizen;

(c) passes before a board of examiners appointed or approved by the council an examination touching the person's fitness and capacity to practise as a physician and surgeon;

(d) pays the fee set by the council for registration.

(1.1)  [Repealed 2001-32-15.]

(2)  If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the council must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the profession by the applicant.

 Honorary membership

35  (1)  The council may, by resolution, confer honorary membership on a registered member of the college.

(2)  Honorary membership confers the rights of ordinary membership, but no fees are payable by an honorary member.

 Canadian Medical Register

36  Subject to this Act, the council must enter in the register the name of every person whose name appears in the Canadian Medical Register under the Canada Medical Act, on application and payment by the applicant of the fees set by the council, compliance by the applicant with the council's rules and evidence that the person has not lost the benefit of registration in the Canadian Medical Register by reason of misconduct or otherwise.

 Withdrawal from Medical Council

37  (1)  Under the powers granted by the Canada Medical Act the council may order the withdrawal of the representation of the college on the Medical Council of Canada.

(2)  An order under subsection (1) must be by a resolution passed at a general or special meeting of the council called for the purpose, carried by a vote of 2/3 of the members present at the meeting.

(3)  Notice of a resolution under subsection (2) must be published in the Canada Gazette for 3 months before the meeting at which it is voted on.

(4)  On passage of a resolution under subsection (2), the right of a person to obtain registration by reason of being in the Canadian Medical Register ends.

 Temporary register

38  (1)  The council must cause the registrar to keep a temporary register, in which must be entered the name, address, qualifications and terms and conditions of temporary registration of each person entitled to be registered under this section.

(2)  A person is entitled to be registered in the temporary register if the person meets any of the following requirements:

(a) the person holds a valid and subsisting interim certificate issued under this section as it stood before April 1, 1966, and the person's period of registration expires on the expiry date of the interim certificate;

(b) the person has graduated from a school of medicine approved by the council and the person's registration under this section has been requested by the Lieutenant Governor in Council for a medical appointment to the Provincial public service or by the governing body of a hospital or charitable institution for an appointment in that hospital or institution;

(c) the person has graduated from a school of medicine approved by the council and the person's registration under this section has been directed by the executive committee;

(d) the person is enrolled as an undergraduate student in a school of medicine approved by the council and the person's registration under this section is recommended by the director of the undergraduate clinical clerkship program in the Faculty of Medicine, The University of British Columbia.

(3)  The registration of a person under this section is subject to the terms the executive committee specifies.

(4)  A person registered in the temporary register must be considered to be registered under this Act as though the person's name were entered in the register.

(5)  The person is, for the period, in the manner, to the extent and subject to this section and the terms set out in the temporary register, subject to the obligations and entitled to the rights of a member of the college except the right to vote and hold office.

(6)  The registrar must issue each person whose name is entered in the temporary register a temporary certificate, which must contain any terms of the person's registration.

 Special register

39  (1)  The council must cause the registrar to keep a special register, in which must be entered the name, address, qualifications and conditions of special registration of each person entitled to be registered under this section.

(2)  A person may be registered in the special register if

(a) the person does not fulfil every requirement for registration in the register, but the executive committee believes the person is qualified by training and experience to practise in a particular field of medicine and the executive committee has by resolution directed that the person be registered in the special register, or

(b) the person fulfils every requirement for registration in the register, but the registrar believes the person should confine the person's practice to a particular field of medicine because of the person's training and experience.

(3)  It is a condition of registration under this section that the person registered confine the person's practice of medicine to the particular field of medicine for which the person's registration is granted.

(4)  The executive committee may attach further conditions to a registration under this section.

(5)  A person registered in the special register must be considered to be registered under the Act as though the person's name were entered in the register, and is subject to the obligations and entitled to the rights of a member of the college, subject only to the conditions imposed on the person's registration under this section.

(6)  The registrar must issue to each person whose name is entered in the special register a limited certificate, which must state the conditions of the person's registration.

 Registration of osteopaths

40  (1)  A person is entitled to be entered in the register on payment of the fees set by the council if the person

(a) is a graduate of a school or college of osteopathy that is approved by the American Osteopathic Association, and

(b) has passed an examination approved by the council in basic sciences, clinical sciences, and principles and practice of osteopathic medicine.

(2)  A person registered only under this section is restricted to practising osteopathic medicine.

 Refusal of registration

41  If the registrar is dissatisfied with the evidence presented by a person applying to be registered, the registrar may, subject to an appeal to the council, refuse registration until the applicant has furnished evidence to the council's satisfaction.

 Change of qualification

42  A person registered under this Act who obtains a degree or qualification additional to those for which the person is registered may have the additional degree or qualification entered in the register on the payment of the fee set by the council.

 Evidence in support of registration

43  (1)  A degree or qualification must not be entered on the register unless the registrar is satisfied that the person is entitled to it.

(2)  The registrar's decision may be appealed to the council.

 Keeping of register

44  The registrar must keep the register correct in accordance with this Act and the council's rules.

 Falsifying register

45  If the registrar makes, or causes to be made, a wilful falsification in a matter relating to the register, the registrar is liable on conviction to a penalty of $50, and is disqualified from again holding that position.

 Annual fees

46  (1)  Each member of the college must pay the registrar or the registrar's nominee the annual fee determined by the council.

(2)  The annual fee is payable on or before February 1 in the year for which it is imposed.

(3)  Not later than January 15 in each year, the registrar must send a notice to each member of the amount and due date of the annual fee and must include a copy of section 47 (1) and (2).

(4)  If a member has not paid the annual fee by February 1 in any year, the registrar must send the member a further notice in the same form.

(5)  On payment of the annual fee, each member must obtain a certificate stating the member's qualification to practise and that subject to this Act the certificate is in force until the last day of February in the year it expires.

(6)  The certificate must bear the college seal and the registrar's signature or a facsimile of them.

(7)  The annual fee must be paid by each member of the college whether or not the member is resident in British Columbia or is practising.

(8)  The council may set special fees for members who are not practising or are not resident in British Columbia.

(9)  The annual fee is a debt due by the member to the college.

 Suspension for nonpayment of annual fees

47  (1)  A member who fails to pay the annual fee before March 1 of the year for which it is imposed ceases to be in good standing and is liable to pay the college a penalty of $100.

(2)  A member liable to pay the penalty under subsection (1) who fails to pay the annual fee and the penalty before April 1 of the year in respect of which they are imposed is suspended from practice until they are paid and the member passes an examination the council, in its discretion, requires for removal of the suspension.

(3)  If the registrar believes a person, while suspended under this section, has done anything that would, had the person not been under suspension, be a ground for suspension or erasure of registration, the registrar may bar removal of the suspension until the council, on application from the suspended person, removes the suspension.

(4)  If a member, suspended from practice under subsection (1) has not paid the annual fee and penalty by December 31 in the year it is due, the registrar must erase the person's name from the register.

(5)  The registrar must immediately notify in writing each person suspended from practice or whose name is erased.

 Voluntary removal from register

48  (1)  Unless the executive committee disapproves, a member of the college may, at the member's written request, have the member's name removed from the register, and must then surrender to the registrar any subsisting certificate issued to the member under this section.

(2)  The council may require a person whose name has been removed from the register to pass an examination before the person is again entitled to be registered.

 Erasure of entries

49  (1)  The council may erase a name or other entry from the register if the council believes the entry has been obtained by fraud or misrepresentation or has been incorrectly made.

(2)  The registrar must promptly notify a person whose name has been erased under this section or in respect of whom an entry has been erased.

(3)  The person may apply at any time to have the name or the entry restored.

(4)  The council may, in its discretion, refuse to restore a name or entry so erased.

 Conviction of indictable offence

50  (1)  A person who has been convicted of an indictable offence by a court in British Columbia or elsewhere is not entitled to be registered, and the council may erase the person's name from the register.

(2)  The council may permit a person who has been so convicted to become or remain a member of the college, or restore the name of a person whose name has been erased under this section.

(3)  The registration of a person must not be refused and the name of a person must not be erased for a conviction for a political offence or for an offence that ought not, in the council's opinion, either from the nature of the offence or from the circumstances under which it was committed, to disqualify the person from practising under this Act.

(4)  If a member fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that any member of the college presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the council must, after giving the member an opportunity to be heard, review the registration of the member and, taking the failure or the determination into account, decide whether to set limits or conditions on the practice of the profession by the member or suspend or cause the member's name to be erased from the register.

 Investigation of skill

51  (1)  The council or the executive committee may appoint an investigating committee of one or more persons who, for the purpose of investigating whether a member of the college has adequate skill and knowledge to practise medicine, may require the member

(a) to undergo clinical or other examinations the council, executive committee or investigating committee considers appropriate, and

(b) to permit inspection, by the investigating committee, of the clinical records of the member and other documents relating to the subject matter of the investigation.

(1.1)  [Repealed 2001-32-16.]

(2)  If a member fails after reasonable notice to permit, as required under subsection (1), inspection of the member's clinical records and other documents relating to the subject matter of the investigation, or to appear before an investigating committee, the council or the executive committee may suspend the member from practice for the period it considers appropriate.

(3)  On the completion of its investigation, an investigating committee must promptly submit its written report on the investigation to the executive committee.

(4)  The executive committee may, if it considers the suspension is desirable to protect the public, and without hearing the member or considering anything other than a report on the member received under subsection (3), suspend the member from practice, until the conclusion of a hearing under subsection (5).

(5)  If a report has been submitted to the executive committee under subsection (3) and the executive committee, at least 14 days before the date set for a hearing on the report by the council, serves on the member a copy of the report and notice of the place and time set for the hearing, the council may, after giving the member an opportunity to be heard

(a) decide that the member has adequate skill and knowledge to practise medicine, or

(b) act under section 60 (3) (a) to (c).

(6)  The council or the executive committee may, for the purpose of sampling or monitoring the standards of practice of members and assisting members in their practice, require a member to allow evaluation of the member's professional performance and inspection of the member's clinical records by one or more medical practitioners designated by the council or the executive committee.

 Absence from British Columbia

52  (1)  If a member of the college leaves British Columbia and practises medicine or surgery during the member's absence, the member must not resume the practice of medicine or surgery in British Columbia until the member provides the registrar with a certificate of good standing satisfactory to the registrar, from every place the member has practised medicine or surgery during the absence.

(2)  The executive committee may waive the requirements of this section.

 Inquiry

53  (1)  The council or the executive committee may, and if requested in writing by 3 members in good standing of the college must, cause an inquiry committee to inquire into a charge or complaint made against a member of the college or into a question concerning the conduct, mental condition, capability or fitness to practise of any member of the college.

(2)  A charge or complaint need not be made in a particular form or manner and may originate with the council or a committee of the council.

(3)  The council or executive committee must appoint an inquiry committee of not fewer than 3 members or former members of the council.

(3.1)  [Repealed 2001-32-17.]

(4)  If in the opinion of the council or executive committee the charge, complaint or question concerns the mental or emotional condition of a member of the college, the inquiry committee may consist of or include members of the college who are not council members and must include at least one psychiatrist.

(5)  An inquiry committee, other than an inquiry committee appointed under section 63 or 64, must include at least

(a) one person appointed under section 6 (1) (b), or

(b) if the appointment of the inquiry committee would be unreasonably delayed because a person appointed under section 6 (1) (b) is not available to serve on the inquiry committee, one person selected from a list of persons approved by the minister.

(6)  Despite this section and section 60, the council or executive committee may cause the conduct of a member relating to the member's practice of medicine to be summarily investigated to determine whether a complaint is frivolous or appears sufficiently serious to justify appointment of an inquiry committee.

(7)  If a complaint is found not frivolous but not sufficiently serious to justify appointment of an inquiry committee, the council may reprimand the member whose conduct was in question.

 Inspectors

54  The council may appoint persons as inspectors for the college.

 Powers and duties of inspectors

55  (1)  During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a member to practise medicine;

(b) the records of the member relating to the member's practice of medicine and copy the records;

(c) the practice of medicine performed by or under the supervision of the member.

(2)  The council may direct an inspector to act under subsection (1).

(3)  If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the council.

 Search and seizure under court order

56  (1)  A person authorized by the council may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2)  Unless the court otherwise directs, an application under subsection (1) may be made without notice to any person and heard in private.

(3)  On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a member has contravened this Act or the rules, or

(b) that a person who is a member

(i)  has contravened this Act or the rules,

(ii)  has failed to comply with a limit or condition imposed under this Act,

(iii)  has acted in a manner that constitutes professional misconduct,

(iv)  is not competent to practise medicine, or

(v)  is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise medicine.

(4)  In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 57 does not apply to a thing specified in the order

(i)  provided all limitations and conditions included under paragraph (b) are met, and

(ii)  unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the council that section 57 apply to the thing seized.

(5)  A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

 Detention of things seized

57  (1)  For the purposes of subsection (2), the person who makes a seizure under section 56 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure is made unless this is not practicable.

(2)  On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3)  An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4)  A document purporting to be certified by a representative of the council to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5)  Subject to an order under section 56 (4) (b), the person from whom any thing is detained under this section or the owner of the thing, if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the council.

(6)  No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

 Prohibition against obstructing inspection or search

58  (1)  A person must not obstruct an inspector in the lawful performances of duties or the lawful exercise of powers under this Act.

(2)  A person must not obstruct a person acting under section 56 or 57 or under an order under those sections.

 Extraordinary action to protect public

59  (1)  If the executive committee or the sexual misconduct review committee considers the action necessary to protect the public during the investigation of a member or pending a hearing of the inquiry committee, it may

(a) set limits or conditions on the practice of the profession by the member, or

(b) suspend the registration of the member.

(2)  If the executive committee or the sexual misconduct review committee acts under subsection (1), it must notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal the decision to the Supreme Court.

(3)  A decision under subsection (1) is not effective until the earlier of

(a) the time the member receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register.

(4)  If the executive committee or the sexual misconduct review committee determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the member in writing of this as soon as possible.

(5)  A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of sections 71 to 73 respecting an appeal from a decision of the council apply to an appeal under this section.

 Suspension or erasure from register and other disciplinary powers

60  (1)  An inquiry committee must find the facts, find whether any charge or complaint has been proved and report its findings to the council in writing.

(1.1)  [Repealed 2001-32-18.]

(2)  At any time after it begins taking evidence respecting a charge or complaint, the inquiry committee may of its own motion suspend from practice the member whose conduct is under inquiry until the next council meeting, and must promptly give written notice of the suspension to the member and the registrar.

(3)  If the inquiry committee reports, under subsection (1), that a member has been guilty of infamous or unprofessional conduct, is incapable or unfit to practise or is suffering from a mental ailment, emotional disturbance or addiction to alcohol or drugs that might, if the member continues to practise as a physician or surgeon, constitute a danger to the public, the council may

(a) erase the member's name from the register,

(b) suspend the member from practice for a period specified by the council,

(c) erase the member's name from the register and direct the member's registration in the temporary register under section 38 subject to conditions the council determines,

(d) impose on the member a fine not to exceed an amount set by rule under section 5,

(e) reprimand the member, or

(f) suspend the imposition of punishment and place the member on probation on terms the council specifies.

(4)  The fine provided for in subsection (3) (d) may be instead of or in addition to any punishment under subsection (3) (b), (c), (e) or (f).

(5)  The fine is a debt due by the member to the college.

(6)  If a fine is not paid in the time for payment set by the council, the member is suspended from practice until the fine is paid.

(7)  If a charge, complaint or allegation of a breach of a term of probation is made against a member of the college who is on probation, or if it is alleged that a member has breached a condition of registration in the temporary register, the council or executive committee may appoint an inquiry committee of one or more council members to inquire into the matter in a summary manner and report to the council in writing.

(8)  The report of a committee under subsection (7) is proof in the absence of evidence to the contrary of the matters stated in it and may be acted on by the council to terminate the probation or registration and impose another punishment or penalty under subsection (3).

(9)  Sections 67 and 68 do not apply to an inquiry under subsection (7) but the executive committee may appoint legal counsel to advise the inquiry committee.

(10)  If an inquiry committee reports under subsection (1) a finding that sexual misconduct has occurred, the council must act under subsection (3) (a) and (b) in addition to any other action the council may take under subsection (3).

 Costs of discipline proceedings

61  (1)  The council may pay out of any funds at its disposal costs it believes just, to a person against whom a complaint has been made that is found to have been frivolous and vexatious.

(2)  If a member is found guilty of infamous or unprofessional conduct, the council may

(a) assess its costs of proceeding under sections 53 and 60, and

(b) order that the costs are a debt due to the college, and unless otherwise ordered, payable by the member within 10 days of assessment.

(3)  If costs are not paid by the member in the time limited, the member is suspended from practice until they are paid.

 Reinstatement of entry in register

62  (1)  If the council directs the erasure from the register of a person's name or of another entry, that person's name or entry must not be again entered on the register except by direction of the council, or by order of the Supreme Court or of the Court of Appeal on an appeal.

(2)  If the council thinks fit, the council may direct the registrar to restore to the register a name or entry erased from it, with or without payment of a registration fee, and the registrar must restore it.

 Duty to report on member if possible danger

63  (1)  A registered member must report to the registrar the condition of any person registered under this Act whom the member, on reasonable and probable grounds, believes to be suffering from a physical or mental ailment, emotional disturbance or addiction to alcohol or drugs that, in the member's opinion, if the person continues to practise medicine or surgery, might constitute a danger to the public or be contrary to the public interest.

(2)  On receiving a report under subsection (1), the registrar must promptly report the matter to the executive committee.

(3)  On receiving a report under subsection (2), the executive committee may suspend the person from practice and must promptly appoint an inquiry committee in accordance with section 53 (3) and (4) to investigate the matter and report its findings to the council.

(4)  The inquiry committee must promptly examine the person, if the person can be found in British Columbia, and must consider other evidence as it sees fit.

(5)  Section 68 does not apply to an inquiry under this section.

(6)  If the committee report is not to the effect that the person reported is fit to practise medicine or surgery, the council or executive committee may suspend the person from practice, or if the person has been suspended, the suspension continues.

(7)  On application by a person suspended and on the application being supported by 3 members of the college, the council or executive committee must promptly appoint an inquiry committee, which must re-examine the applicant as soon as possible and must consider other evidence as it sees fit.

(8)  A committee must promptly report its findings and recommendations to the registrar.

(9)  If the committee reports that the applicant is fit to practise without restriction, the suspension ends on the date the report is received by the registrar.

(10)  If the committee believes that the applicant is fit to practise under certain restrictions, the executive committee may order the applicant's name removed from the register and placed on the temporary register subject to the conditions determined by the executive committee.

 Duty to report on member who is in hospital under treatment

64  (1)  Despite section 63, if a member is admitted to a hospital or a private hospital as defined in the Hospital Act, for psychiatric care or treatment, or for treatment for addiction to alcohol or drugs, the chief administrative officer of the hospital, or the person acting in that capacity, and the physician who has the care of the member admitted must promptly report the admission in writing to the registrar.

(2)  The physician who has care of the member must, no later than the date of the member's discharge from the hospital, provide the registrar with a written report of the diagnosis, particulars of treatment, prognosis and an opinion as to whether the member is fit to practise medicine.

(3)  On receipt of the report, or if a report is not received by the registrar within one week of the discharge, the executive committee may appoint an inquiry committee to investigate the matter and to report its findings to the council.

(4)  The inquiry committee, council and executive committee must proceed as though the inquiry committee was appointed under section 63 (3).

(5)  Subject to the registrar's approval, a member suspended under section 63 or this section may employ another member to carry on the suspended member's practice while the member is suspended.

(6)  The name of a member who has been suspended from practice for a continuous period of 2 years or more must be erased from the register.

 Duty of a member to report sexual misconduct by another member

65  (1)  If a member has reasonable grounds to believe another member has engaged in sexual misconduct, the member must report the circumstances in writing to the special deputy registrar.

(2)  Despite subsection (1), if the belief of a member concerning sexual misconduct is based on information stated or given in writing by the member's patient, the consent of

(a) the patient, or

(b) if the patient is not competent to consent to treatment, a parent, guardian or committee of the patient

must be obtained before the report is made.

 Appointment of commissioner

66  (1)  On the written request of the council or executive committee setting out, with reasons, that it desires to hold an inquiry under this Act, and that it is inexpedient to have the inquiry conducted by an inquiry committee, the Lieutenant Governor in Council may appoint a member of the council or a judge of the Supreme Court as a commissioner to determine the facts.

(2)  The commissioner has the powers and privileges conferred on an inquiry committee by this Act, so far as applicable.

(3)  The commissioner's written report may be acted on by the council as to the facts stated in it for the purpose of exercising powers under sections 60, 63 and 64.

 Additional members of committee

67  (1)  The council or executive committee may appoint to an inquiry committee, in addition to the members appointed under section 53 (3) and (4), a person who has been, for not less than 10 years before the appointment, a member in good standing of the Law Society of British Columbia, who must be paid by the college the remuneration agreed to by the council or executive committee and the person.

(2)  On an inquiry or hearing, the council, executive committee or inquiry committee may employ at the college's expense, the legal or other assistance it thinks necessary or proper.

(3)  The complainant and the person who is the subject of inquiry may be represented by counsel and submit evidence.

 Notice of hearing and procedure

68  (1)  At least 2 weeks before the first meeting of the inquiry committee to take evidence or otherwise determine the facts, a notice must be served on the complainant and on the person who is the subject of inquiry.

(2)  The notice must contain a copy of the charges or a statement of the subject of the inquiry and specify the time and place of the meeting.

(3)  The testimony of witnesses must be taken under oath.

(4)  There must be full right to cross examine all witnesses called.

(5)  If the complainant or the person who is the subject of inquiry does not attend, the committee may, on proof by affidavit of personal service of notice, proceed with the inquiry in that person's absence, and make its report without further notice to that person.

(6)  The inquiry committee must cause oral evidence given before it to be taken down in shorthand or mechanically recorded and transcribed.

(7)  The chair or acting chair must administer the oath to the stenographer or recorder.

(8)  The committee may receive as evidence the oral, documentary or other things it thinks fit.

(9)  If evidence is tendered that would not be admissible in a court in British Columbia, the committee may receive the evidence if it is satisfied that full inquiry into the matters before it makes reception of the evidence necessary or desirable.

 Subpoenas and witness fees

69  (1)  On an inquiry or hearing under this Act, the council, executive committee, inquiry committee, commissioner or any party may, without leave or order, obtain from the Supreme Court a subpoena to command the attendance and examination of a witness, or the production before the committee or commissioner of documents, the production of which could be compelled at the trial of an action, at the time and place mentioned in the subpoena.

(2)  Disobedience to the subpoena is contempt of court.

(3)  The person required to attend is entitled to the same conduct money, payment of expenses and payment for loss of time as in a Supreme Court trial.

 Protective provision

70  (1)  No action for damages lies or may be brought because of anything done or omitted in good faith in the performance or purported performance of any duty, or in the exercise or purported exercise of any power, under this Act by the college, the registrar, a deputy registrar, the special deputy registrar, an employee of the college, a member of the council, the executive committee or a committee appointed under this Act.

(2)  No action for damages lies or may be brought against a person for making a report to the college in good faith concerning the conduct, mental condition, capability or fitness to practise of any member or former member.

(3)  No action for damages lies or may be brought for anything done or omitted in good faith as a member or officer of the college or as a member of a patterns of practice committee, a peer review committee, a hospital or laboratory accreditation committee or another body to which the member or officer is nominated or appointed by the college or which functions, with the approval of the college, to improve health care or services in British Columbia.

(4)  No action for damages lies or may be brought for anything done or omitted in good faith as a person who provides a service under the direction of a member or officer of the college to a committee or other body referred to in subsection (3).

(5)  This section does not absolve the college from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

(6)  No action lies against a medical practitioner for disclosing or submitting to the college or its nominee information or records or copies of records relating to the care of a patient if the disclosure or submission is made in good faith.

(7)  Subject to the Ombudsman Act, each person employed in the administration of sections 51 to 66, including a person conducting an inquiry or investigation, must preserve confidentiality with respect to all matters or things that come to the person's knowledge or into the person's possession in the course of the person's duties except

(a) as may be required in connection with the administration of sections 51 to 66 and any rules relating to those sections, or

(b) as may be authorized by the executive committee if it considers disclosure to be in the public interest.

(8)  A person to whom subsection (7) applies, must not, insofar as the laws of British Columbia apply, give, or be compelled to give, evidence in a court or in proceedings of a judicial nature concerning knowledge gained in the exercise of a power or duty under sections 21, 28 or 51 to 66 except in a proceeding under this Act.

(9)  The records of a person, to whom subsection (7) applies, are not compellable in a court or in proceedings of a judicial nature insofar as the laws of British Columbia apply except in a proceeding under this Act.

(10)  A person who contravenes subsection (7) commits an offence.

 Appeal

71  (1)  A person who makes a complaint on which an inquiry has been held, or who has been dealt with by the council under section 60, may appeal from the decision or direction of the council to the Supreme Court within one month from the date of the decision or direction.

(2)  On hearing an appeal the court may reverse, alter or amend the decision or direction, order a further inquiry by the inquiry committee or commissioner or make another order, on costs or otherwise, it believes proper, including a direction that a registration struck out be restored or a suspension or probation ends.

(3)  An appeal from a decision or direction of the council must be considered to include an appeal from the findings and report of the inquiry committee or commissioner.

(4)  The executive committee may, on the terms it sees fit, stay the operation of any punishment or penalty imposed on a person appealing under this section until the outcome of the appeal, and may require the giving of reasonable security for its costs of the appeal and payment of a fine already imposed as a condition of granting the stay.

 Notice of appeal and procedure

72  (1)  An appeal under section 71 (1) must be brought by notice of intention to appeal.

(2)  A notice of intention to appeal must be filed in a Supreme Court registry within the time provided in section 71.

(3)  The appellant must serve a copy of the notice on the registrar within the time provided in section 71.

(4)  A person wishing to appeal is entitled to obtain from the registrar, stenographer or recorder, as the case may be, one or more certified copies of the decision or direction and of all oral and documentary evidence on which the inquiry committee, commissioner or council acted in making the decision or direction, on payment of the cost of the copies.

(5)  The person appealing must deposit in the same court registry one certified copy of the evidence and of the decision or direction complained of for the use of the court hearing the appeal.

(6)  The appeal must be determined on the documents filed under subsection (5).

(7)  At least 7 clear days' notice in writing must be given to the registrar of the time and place for the appeal.

 Appeal to be heard on merits

73  The appeal under section 71 must be determined by the court on the merits, despite any lack of form, but the court may give directions for a proper hearing and adjudication.

 Proof of registration

74  In proceedings under this Act, or for breach of it, the burden of proof of registration and the right to practise under this Act is on the person charged.

 Certificate of registration

75  (1)  A certificate of the registrar, with the college seal, that the person named in it was or was not registered as a member of the college or suspended from practice on any date specified in the certificate is conclusive evidence in all courts and before all others of the facts stated.

(2)  A certificate which purports to be sealed with the college seal is evidence that it is so sealed without a proof of the seal.

 Inspection of register

76  (1)  At all times that the office of the registrar is open, the register must be open to inspection by any person on payment of $1.

(2)  On payment of $5, a person may obtain a certificate under section 75.

 Printed list of members

77  (1)  If directed by the council, the registrar must publish a list of the names, in alphabetical order by surname, of all persons appearing in the register on the date of publication who have not been suspended from practice.

(2)  The list must show each member's residence, and the member's medical titles, diplomas and qualifications, with dates, as shown in the register and the date the member's name was entered in the register.

 List as evidence

78  A copy of the list purporting to be published by the registrar is evidence in all courts, and on all other occasions,

(a) that the persons named are registered and have not been suspended from practice, and

(b) that a person not listed is not registered or entitled to practise medicine or surgery in British Columbia under this Act.

 Certificate as evidence

79  If a person's name does not appear in the copy, a certificate purporting to be signed by the registrar and the college seal that the person is registered as a member of the college, and furnishing the information relating to the person that appears in the register, is evidence of those facts without proof of the college seal.

 Right to practise

80  (1)  A person registered under this Act and not suspended from practice is, subject to sections 38 to 40, entitled

(a) to practise medicine, surgery and midwifery in British Columbia, and

(b) to demand and recover in a court of law, with costs, reasonable charges for professional aid, advice and visits, and the cost of medicine or other medical appliances rendered or supplied by the person.

(2)  The council or a committee of the council must not act under section 51 (4) or (5) (b), 53 (7), 59 (1) or 60 (3) or (8) respecting a member solely on the basis that the member practises a therapy that departs from prevailing medical practice unless it can be demonstrated that the therapy poses a greater risk to patient health or safety than does prevailing medical practice.

(3)  [Repealed 2001-32-19.]

 Practising by unregistered persons an offence

81  (1)  A person who practises or offers to practise medicine while not registered or while suspended from practice under this Act commits an offence.

(2)  For the purposes of and without restricting subsection (1), a person practises medicine who does any of the following:

(a) holds himself or herself out as being, or by advertisement, sign or statement of any kind, written or oral, represents or implies that the person is qualified, able or willing to diagnose, prescribe for, prevent or treat any human disease, ailment, deformity, defect or injury, or to perform an operation to remedy a human disease, ailment, deformity, defect or injury, or to examine or advise on the physical or mental condition of a person;

(b) diagnoses, or offers to diagnose, a human disease, ailment, deformity, defect or injury, or who examines or advises on, or offers to examine or advise on, the physical or mental condition of a person;

(c) prescribes or administers a drug, serum, medicine or a substance or remedy for the cure, treatment or prevention of a human disease, ailment, deformity, defect or injury;

(d) prescribes or administers a treatment or performs surgery, midwifery or an operation or manipulation, or supplies or applies an apparatus or appliance for the cure, treatment or prevention of a human disease, ailment, deformity, defect or injury;

(e) acts as the agent, assistant or associate of a person in the practice of medicine as set out in paragraphs (a) to (d).

 Exceptions

82  For the purposes of section 81, a person does not practise or offer to practise medicine who does any of the following:

(a) practises chiropractic while registered under the Chiropractors Act;

(b) practises dentistry while registered under the Dentists Act;

(c) [Repealed 1999-12-12.]

(d) practises optometry while registered under the Optometrists Act;

(e) is an orthoptic technician acting as provided in section 40 of the Optometrists Act;

(f) [Repealed 2003-77-44.]

(g) practises, under the supervision of a person registered under this Act, as a physiotherapist or dietician;

(h) practises podiatry while registered under the Podiatrists Act;

(h.1) practises social work while registered under the Social Workers Act;

(i) [Repealed 1999-12-12.]

(j) performs emergency procedures as authorized by the Emergency and Health Services Act;

(k) engages in the usual business of opticians, vendors of dental or surgical instruments, apparatus or appliances, or bath attendants or proprietors;

(l) engages in the ordinary calling of nursing;

(m) practises a designated health profession while registered as a member of its college under the Health Professions Act.

 Further exceptions

83  This Act does not prevent the domestic administration of family remedies or a person from giving necessary medical or surgical aid in case of urgent need if it is given without gain or hope of reward.

 Religious practitioners

84  This Act does not apply to or affect those who practise the religious tenets of their church without pretending a knowledge of medicine or surgery.

 Unregistered persons cannot recover fees

85  (1)  A person who is prohibited by this Act from practising medicine, surgery or midwifery under this Act is not entitled to recover a charge in a court for medical or surgical advice, for attendance, for the performance of an operation or for medicine the person has prescribed or supplied.

(2)  This section does not extend to the sale of a drug or medicine by a pharmacist.

 Use of names

86  Without first obtaining the written consent of the executive committee,

(a) a member of the college must not carry on the practice of medicine or surgery except in the person's own proper name, and

(b) an association of 2 or more members of the college must not carry on the practice of medicine or surgery except in the proper names of one or more of the members of the association.

 Appointments

87  A person must not be appointed as a medical officer, physician or surgeon in the public service of British Columbia, or as house surgeon or house physician in a hospital or other charitable institution, unless the person is registered under this Act.

 Medical certificates by unregistered persons

88  A medical certificate required by an Act from a physician, surgeon or medical practitioner is invalid unless the person signing it is registered.

 Prescriptions

89  A member of the college engages in unprofessional conduct if the member does any of the following:

(a) places or permits to be placed on a prescription issued by the member the name of a pharmacist, pharmacy or association for the sale of drugs or medicine;

(b) uses or permits the member's name to be used in connection with a commercial enterprise relating to the practice of medicine without first obtaining the written consent of the executive committee;

(c) advertises the member's practice of medicine in a manner not approved by the executive committee.

 Refunds and other remuneration

90  A member of the college must not take or receive remuneration by way of commission, discount, refund or otherwise from a person who fills a prescription issued by the member or who makes or supplies appliances.

 Penalty for fraudulent registration

91  (1)  If a person wilfully procures or attempts to procure the person's registration by making a false or fraudulent representation or declaration, orally or in writing, the person is liable on conviction to a penalty not exceeding $500.

(2)  A person knowingly aiding or assisting a person who commits an offence under subsection (1) is liable on conviction to a penalty not exceeding $500.

 Penalty for practising when unregistered

92  A person who contravenes section 81 is liable to the penalties provided in the Offence Act, but the person must,

(a) on a first conviction, be fined a minimum of  $300 or sentenced to imprisonment,

(b) on a second conviction, be fined a minimum of $500 or sentenced to imprisonment, and

(c) on a third or subsequent conviction be sentenced to imprisonment.

 Practising with unregistered person

93  (1)  If a member of the college, without first obtaining the written consent of the executive committee practises medicine in partnership with, under a contract with or as a business associate of, a person not entitled to practise medicine, surgery or midwifery, or does any act to enable that person to practise medicine, surgery or midwifery, both parties to the partnership, contract or arrangement are liable on conviction to a penalty not exceeding $250 and not less than $100.

(2)  The council must erase from the register the name of a member of the college convicted under this section.

(3)  A charge must not be brought under this section without the written approval of the council, evidenced by a certificate of the registrar and the college seal.

 Persons not registered must not represent themselves as registered

94  A person not registered under this Act must not take, use, advertise or hold himself or herself out under a name, title, addition or description implying or calculated to lead people to infer that the person is registered under this Act, or that the person is qualified to practise medicine or surgery or is a person who has a licence in medicine or surgery.

 Use of titles

95  (1)  A person not registered under this Act must not use, assume, employ, advertise or hold himself or herself out under the title of "doctor", "surgeon", or "physician", or any affix or prefix or abbreviation of those titles as an occupational designation relating to the treatment of human ailments.

(2)  Subsection (1) does not apply to a person registered under the Dentists Act, or to a person having a diploma in medicine or surgery from a college or school of medicine and surgery requiring at least 4 years' course of study, who is not treating or attempting to treat human ailments for gain in British Columbia.

(3)  Subsection (1) does not prevent the use by a person of the title "doctor" or of the abbreviation "Dr." if the use is authorized by another Act.

 Penalty: other offences

96  (1)  If no other penalty is provided by this Act, a person guilty of an offence against this Act, or who violates or commits a breach of this Act

(a) is liable on conviction for the first offence to a penalty of not less than $100,

(b) is liable on conviction for a second offence to a penalty of not less than $250, and

(c) on conviction for a third offence must be imprisoned without the option of a fine for a period of at least one month.

(2)  If an offender who is registered under this Act is convicted for a third offence the council may on proof of conviction erase the person's name from the register.

 Proof of offence

97  In a prosecution under this Act, it is sufficient proof of an offence under this Act if it is proved that the defendant has done or committed a single act of unlawful practice or has committed on one occasion an act prohibited by this Act.

 Application of college funds

98  (1)  All college funds must be paid to the registrar and may be used and applied by the council directly, indirectly or by way of gift, for any of the following:

(a) for a purpose that the council believes may advance scientific knowledge or medical education;

(b) for a purpose that the council believes is related to the practice of medicine, surgery or midwifery, or to the extension of those services to the public;

(c) to assist a person who is or has been a member of the college, or the spouse, parent, child, brother, sister or other member of the family of that person, or another person who is or was dependent on the person, and to contribute to a fund created for those or similar purposes;

(d) to provide funds for the general administration of the college, including the remuneration and welfare of employees and former employees of the college;

(e) generally to promote the objects of the college and the administration and enforcement of this Act.

(2)  College funds may be invested in property or securities authorized by law for investment by trustees and authorized by the council or executive committee.

 Instruction in medicine prohibited

99  (1)  In this section, "instruction in medicine" means instruction in doing a thing mentioned in section 81 (2) (b), (c), (d) or (e).

(2)  A person, other than the college, must not carry on in British Columbia a school, college or other institution for training or imparting instruction in medicine or surgery without the consent of the council and the Minister of Education, Skills and Training.

(3)  This section does not apply to a faculty of medicine in a university in British Columbia, to the instruction of students of medicine, nursing or medical technology carried on by a hospital, school, college or other institution approved for that purpose by the council and the Minister of Education, Skills and Training or to the instruction of persons in first aid by a nonprofit organization.

 Restraint of practice

100  A covenant or provision in an agreement made or entered into by a member of the college after April 17, 1973, and to the effect that the member will not practise medicine in British Columbia for a specified period of time, in a specified location or in a specified field of medicine, is void.

 Form and service of notice

101  (1)  A notice required by this Act to be given to or served on a member must be in writing, and may be given to or served on the member by mailing it in a prepaid envelope addressed to the member at the member's address as set out in the register.

(2)  A notice, if given or served by mailing, must be considered to have been received at the time when the envelope containing the notice would be delivered in the ordinary course of the post.

(3)  For proving service under this section, it is sufficient to prove that the envelope containing the notice was properly addressed and duly mailed.